The Gazette 1972

out being bound to accept the findings at which the jury arrive on those questions. (Sec paragraph 50.) (13) Each judge of the Supreme Court should be provided with a salaried law clerk or research assistant. (See paragraphs 51 and 52.) The implementation of the above-mentioned recom- mendations (1), (2), (3), (6) and (12) would require legislation, while recommendations (7), (8), (9), (10), and (11) could be dealt with by the Superior Courts Rules Committee. Recommendation (4) would involve a refer- endum to amend the Constitution. Recommendation (5) would seem to involve merely a matter of adminis- tration. Recommendation (13) is concerned with the provision of additional court staff. Note —Although this Report has only been printed now, it was signed by the members of the Committee two years ago, in March 1970. the Press who are obliged to commit criminal offences daily but are not normally victimised by prosecution. "It prevents officials from letting out innocuous and desirable information because they know that they were acting criminally unless they obtain a u t h o r i s a t i o n- "It lowers the reputation of the public service since it is thought to be used for covering up mistakes, even when this is not true. It has aggravated the secretive- ness for which British administration has a bad name with its best-informed critics. "It has become one of the vested interests of govern- ment, a classic example of bad law creating bad prac- tice." In the recent Sunday Telegraph case, Mr. Justice Caulfield virtually told the jury that the Act of 1911 might be regarded as obsolete. "This remarkable direc- tion is a good indication of the standing of Section 2 in responsible legal opinion," says Prof. Wade. (Daily Telegraph, 11 December 1971)

lant's brief or cross-appellant's brief. An appellant or cross-appellant who does not file his brief within the time stipulated may, on the motion of the other party, have his appeal dismissed by the Court on the grounds of undue delay. (See paragraph 47.) (11) Not later than thirty days before a case stated is due for hearing by the Supreme Court, the party having carriage should lodge in the office of the Supreme Court five copies of a case stated brief containing the material already mentioned at recommendation (8) (c) in regard to appeals and should serve a copy of the same upon the respondent. A respondent's brief in similar form should be filed and served not later than fifteen days from the receipt of the brief of the party having carriage of the case stated. (See paragraph 48.) (12) The law should be changed so as to allow the trial judge in a High Court action, who is of opinion that in law certain issues ought not to be left to the jurv, to leave questions on these issues to the jury with-

Proposals for Secrets Act Reform Proposals for reform of the Official Secrets Act of 1911, and removal of Section 2—"a blot on the Statute Book"—have been made to the Franks Committee re- viewing the section, by Prof. H. W. P. Wade, Q.C., Professor of English Law at Oxford University. The committee was set up after the unsuccessful prosecution of The Sunday Telegraph, Mr. Brian

Roberts, its Editor, Lt.-Col. Douglas Cairns, and Mr. Jonathan Aitken, over the publication of a report on the Nigerian war which was claimed to be confidential. In his evidence to the committee, Prof. Wade says that the new statute should define criminal offences more narrowly, facilitate access to information about government, and should be adopted only after adequate public discussion and debate in Parliament. "Wrong Form of Law" Section 2 of the 1911 Act was a thoroughly wrong form of law says Prof. Wade. "It hangs over the heads of all concerned with public affairs, especially, of course,

The Solicitors' Benevolent Association The Association, which operates throughout the whole of Ireland, cares for Solicitors, their wives, widows and families, who have fallen on hard times. Last year over £4,300 was distributed in relief. Additional subscriptions, donations and bequests are urgently needed to continue and extend the Association's work. The active co-operation of the profession in the Association's good work is asked for, and all who are not members are urged to join without delay. Membership subscription £2.10 (or £2.05 if admitted less than 3 years) a year. £15.75 life membership.

Address: SECRETARY, Solicitors' Benevolent Association, 9 Upper Mount Street, Dublin 2.

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